In every business relationship there is the potential for conflict over contractual agreements or business operations. When such conflicts arise, there is no need to incur the onerous expense and delays involved in traditional litigation. There are readily available alternative dispute resolution procedures that will enable you to resolve your disputes relatively quickly, fairly and cost-effectively.

Resolving international disputes demands special skills, experience and cultural sensitivity. That’s why thousands of attorneys and their clients turn to JAMS. We are a recognized leader in cross-border mediations and arbitrations, with resources wherever you or your clients do business.

Colleges and universities need to manage, resolve and prevent conflict. As a worldwide leader in dispute resolution, JAMS is singularly qualified to provide a comprehensive range of unique and effective solutions for problems facing students, faculty and administration.

The JAMS ADR blog serves to engage our clients, the legal community and the public in a discussion about alternative dispute resolution. As leaders in mediation, arbitration and more, we strive to remain at the forefront of legal developments, trends and news in areas of law that pertain to ADR.

International commercial arbitration is one of the fastest-growing practices at JAMS. With industry leading rules, JAMS is praised for a highly experienced panel with specialties in many key areas, multilingual case management capabilities, and unparalleled service. JAMS specializes in the resolution of international disputes and is one of the largest providers of commercial arbitration in the world.

Biography

Hon. John Herlihy (Ret.), a full-time neutral at JAMS, has extensive experience mediating and arbitrating business and commercial cases. As former Supervising Judge of the Civil Division of Santa Clara County Superior Court, he also case managed, settled, and tried thousands of civil cases including some of the county’s most complex civil litigation during his 29-year judicial career, of which more than half was spent settling and hearing civil cases.

Judge Herlihy is able to quickly grasp complex facts in business disputes in order to efficiently and fairly resolve matters. He has the ability to help parties reach agreement that not only resolves disputes, but that helps to foster their ongoing relationship, if any.

Representative Matters

Banking

Handled matter involving breach of guaranty of a business loan and a cross-complaint for breach of a business loan agreement, fraud, and misrepresentation

Handled matter regarding a debt owed to a lending institution that was subsequently sold to a collection agency which allegedly violated the provisions of the Fair Debt Collection Practices Act

Handled a matter involving an incorrect legal description on the deed of trust which was learned after foreclosing; case involved cross complaints between the bank borrowers and title company

Breach of Contract

Breach of contract claim against a company that booked hotel and failed to pay bill for a conference

Handled a matter between two parties’ joint use and ownership of a pool built on one party’s property without a written agreement.

Dispute between a law firm and its client about payment of fees and alleged malpractice by the firm for failure to disclose a potential conflict of interest and for failure to obtain a settlement

Handled a case involving a prior settlement agreement where intellectual property rights were assigned to the manufacturing company. The breach resulted from company’s failure to pay the manufacturer for the product

Class action against multi-national company for violating unfair competition law (UCL); class contended that the computer processor did not perform as advertised and that manufacturer of computer processor manipulated test results

Construction

Breach of contract matter involving change orders and charge backs between an electrical subcontractor and a general contractor

Dispute involving two contracts between the same parties in which one party was forced to reconstruct a food processing plant because of construction defects and as a result refused to make payments on the subsequent, unrelated contract

Dispute arising out of a construction contract between general contractor, developer and subcontractor for allegedly inflated invoices

Alleged breach of a contract based on a modified form of the American Institute of Architects Document with guaranteed maximum price using modified AIA general conditions in which the owner failed to purchase builders “all-risk insurance.”

Claim that provider of private education misrepresented its accreditation to students

Matter involving the use of false representations and concealment of material facts to obtain control of subsidiary companies to misdirect its funds as well as failure to disclose criminal fraud record

Alleged misrepresentations regarding a breach of contract for equipment, goods, and consulting services; one party had a deed of trust against the others’ commercial property and attempted to foreclose

Partnerships and Business Entities

Dispute over purchase and sale of partnership interest with issues arising over assignment of interest and frauds claims

Case involving one member of an LLC breached the fiduciary duty to another by buying out interest in company without divulging information that company was going to receive very favorable public attention that would affect the value of the company

Dispute between business owners over the exercise of a buy-out agreement and the right of first refusal

Handled case in which a minority shareholder sued controlling shareholders for breach of fiduciary duty after a they went to work for another company after the winding up of the original company

Breach of fiduciary duty suit between part owners of a pre-school after one partner opened an allegedly competing school resulting in a partition action to sell the real estate the school is on and an action to dissolve the corporation that owns the school

Real Estate

Claims of improper distribution of funds, and constructive fraud with regards to a dispute over investments in a commercial real estate development company

Case involving a landlord that terminated a commercial lease due to an occurrence that rendered the premises untenable and tenant claimed breach of lease by landlord causing the tenant significant relocation costs

Suit for tort and contract damages: Tenant rented commercial space from shopping center developer and landlord on assurances from the leasing agent that no competing business would be leased space in the shopping center and the lawsuit alleged that space was leased to a competitor

Dispute regarding the purchase of two car dealerships and the real estate on which they were located.

Technology

Claim by software company that manufacturing company failed to pay for ERP software; buyer claimed seller misrepresented the functionality of the software to meet the business needs of the buyer

Case involving a flash memory company that was sued for damages and injunctive relief for trade secret misappropriation

Breach of contract and intentional misrepresentation case involving intentional misrepresentation claims against a software engineer/entrepreneur for not returning cash advance for the production of prototypes he failed to produce

Case in which a supplier to high tech companies sued employee for alleged embezzlement of funds used to conduct business operations in a foreign country

Misappropriation of trade secrets case where a software company claims former board member started a competing company and took trade secrets

Dispute alleging millions of dollars in lost revenue because of artwork outsourced by a gaming company that was unusable or late

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